' A case under section 302/34. P.C.C. Was registered against the petitioner and two others, with Police Station Samundri, District Faisalabad, for the murder of Shamsher Masih. According to the allegations contained in the F.I.R. The petitioner on 28-12-1987, was going towards Bazar. Shamsher Masih alias Teddi and Amannual sons of Sadiq Masih were also going in the same direction. The first informant along with one Manzoor was following them. When they reached near the house of one Amannual the petitioner armed with Sota along with his co-accused were standing on the road outside their house. Nawab Masih co-accused raised a Lalkara and abused them. Salim Masih also in retaliation abused. Christopher co-accused of the petitioner fired at Salim. Salim and Amannual took shelter behind a wall but the fire hit Shamsher Masih on his forehead and right eye whereupon he fell down. The petitioner is alleged to have given a Sota blow days before the occurrence, Salim and Amannual had a fight with Nawab Masih and his sons over the games played in the village. The present occurrence is to take revenge of the earlier incident.
'It is contended by learned counsel for the petitioner that the petitioner is not alleged to have caused any injury to the deceased. Submits that the petitioner is alleged to have caused only simple injury to a P.W. Contends that the occurrence took place at the spur of the moment without premeditation, therefore, section 34, P.P.C. As such would not he applicable. Contends that with regard to the same incident a cross-complaint indicating the cross version has also been filed.
3. I have heard learned counsel at length and perused the police file. The petitioner is alleged to have armed with Sota and caused simple injury to Amannual P.W. One Barkat Masih has also filed a complaint under section 307, P.P.C. In which process has been issued against the complainant side in the police case. The said Barkat Masih complainant is said to have been injured and one of the injuries on his person is stated to have been declared grievous. The said Barkat Masih is not mentioned in the F.I.R. Nor his injuries have been explained therein. The fight took place at the spur of the moment when both the parties came across each other. While the hot words were being exchanged, co-accused of the petitioner fired hitting the deceased. Thereafter, the petitioner gave a simple injury to a P.W. Since no overt act with regard to the deceased is alleged against the petitioner and in the cross-version of the same case process to the other side had been issued, therefore, I feel that it is a case of further inquiry which entitles the petitioner to the concession of bail. The petitioner is allowed bail in the sum of Rs,35,000 with two sureties each, in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Faisalabad.